PIL in Bombay High Court flags remarks against Mahatma Gandhi; seeks guidelines to curb vilification of dead

A public interest litigation (PIL) petition has been filed before the Bombay High Court seeking guidelines to prevent utterances and unrestricted circulation of derogatory remarks about dead persons either in the press or through social platforms [Kumar Saptarshi & Ors. v. State of Maharashtra & Ors.]..The petition was filed against the backdrop of Hindu activist Sambhaji Bhide making alleged derogatory remarks against Mahatma Gandhi. The plea was mentioned before a division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor on August 3 and is likely to be listed for hearing in the coming week. The petitioners including Maharashtra Gandhi Smarak Nidhi (MGSN) and a few associated social workers raised grievance that there have been numerous incidents in the recent past where deliberate utterances were made again people who weren’t alive but held in high esteem. The same is also circulated in an unregulated manner across all social media platforms, it was submitted. Such remarks have a tendency to disturb the social and ethnic fabric of our country, it was contended..Dead persons were not in a position to controvert the remarks and their heirs ignored the “hurt and insult”, it was further submitted. “There are many persons who belong to the very same religion, race/ caste, and sex who makes utterances and although they belong to such groups they actually do not want to share such type of utterances and such type of derogatory remarks but unfortunately either they are not strong enough to voice their concerns or they feel that even if they are right, the majority of the group to which they belong may not like them criticizing the person who has made such derogatory remarks,” the plea stated.The petitioners claimed that these incidents caused irreparable damage to the “unity of India as a nation”. “Unfortunately either nobody does anything and the Central or State government belonging to any political party does, is either too late or too little,” the plea said.The petitioners further contended that the existing laws including Sections 499 and 500 (defamation) of the Indian Penal Code were inadequate to deal with the issue. .The petitioners have sought the following reliefs: Quash and set aside the provisions of sections 499 and 500 of IPC to the extent of the words in the explanation of that section “and is intended to be hurtful to the feelings of his family or other near relatives” as violative of article 14 and 21 of the Constitution of India. Directions to the State government to identify persons who are dead and held in high esteem by various groups and declare such a list so that no derogatory remarks are permitted to be published in the press or any social media platforms.Lay down guidelines to prevent utterance and unrestricted circulation of derogatory remarks about dead persons either in the press or on social media platforms.